Every limited liability company operating in the United States needs to designate a registered agent. Even after you identify your initial registered agent in your formation paperwork, there are several reasons for why you may need to change the registered agent for your LLC in New York.
Your registered agent could be moving out of state, or they could be a former co-owner or employee who no longer works for your organization. Maybe you want to switch from an individual registered agent to a professional service that operates in all 50 states, or perhaps you’re simply unsatisfied with your current registered agent’s service.
Whatever the reason may be, each state allows you to change your registered agent at any time, and in most states the process is both simple and inexpensive. Let’s dive into the specifics of how to change your LLC’s registered agent in New York.
NOTE: If you need help changing registered agents, the same services that are known for offering top rated LLC services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a New York Registered Agent?
A New York registered agent is a person or business entity that has a physical address in the state. You or one of your co-owners can serve as your own registered agent, you can designate a friend or family member for this role, you can hire a lawyer or accountant as your agent, or you can hire an online business services company to provide registered agent service.
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during all standard business hours. This person or entity does not need to have any prior experience being a registered agent, but it’s wise to choose a registered agent who is familiar with the serious responsibilities that come with this role.
There is no minimum age requirement on who can be a registered agent in the state of New York. According to Article 3, Section 305 of the New York Code, the state’s rather straightforward regulations for serving as a registered agent are as follows:
“The agent shall be a natural person who is a resident of or has a business address in this state, or a domestic corporation or foreign corporation of any type or kind, formed or authorized to do business in this state, under this chapter or under any other statute of this state.”
For more general information regarding the role of a registered agent with a New York LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in New York?
While the role of the registered agent is vitally important for any American business entity, this role can always be changed, and there are different rules for how to change your agent depending on which state your business operates in.
For limited liability companies operating in the state of New York, there are two options to change a registered agent: file a Certificate of Change form, or amend the LLC’s articles of organization.
Option 1) File a Certificate of Change Form
The most common way to change a New York LLC’s registered agent is to file a Certificate of Change form. There are different versions of this form depending on whether you operate a domestic or foreign LLC, and either form has a $30 filing fee. These forms can be mailed, faxed, or filed in person.
Option 2) Amend the Articles of Organization
The other option is to file a Certificate of Amendment for your LLC, indicating that you want to amend the third paragraph of your articles of organization (domestic LLCs) or application for authority (foreign LLCs). There are separate forms for domestic and foreign entities, and there’s a $60 filing fee for either one. Like the Certificate of Change, the Certificate of Amendment can be filed via mail, fax, or in person.
The standard processing time for business document filings in New York is seven business days. If you require faster service, there are three expediting options available: 24-hour ($25), same-day ($75), and two-hour ($150).
Prefer to Have a Registered Agent Service Handle Your Requirements?
A registered agent service is a company that specializes in being a registered agent for a wide variety of businesses across the country, bringing tons of expertise and a healthy dose of reliability to the role.
Most professional registered agent services operate on a national basis, meaning there’s no restrictions on which states you can operate your business in. They also tend to charge affordable rates, as you can find several registered agent services that charge around $10/month or even less for this service. In addition, most of these companies will also offer to handle the process of changing a registered agent for you.
If you’re interested in this option, we highly recommend Northwest Registered Agent.
The Law for Changing Your LLC Registered Agent in New York
It’s always important to be well-informed regarding the specific laws for changing your registered agent. The state of New York has different laws for registered agents depending on the business entity type, but the laws do not vary depending on domestic/foreign classification.
According to Article 2, Section 211-A of the New York Consolidated Laws, a limited liability company may change its registered agent by filing a Certificate of Change including the following information:
- “the name of the limited liability company, and if it has been changed, the name under which it was formed;
- the date the articles of organization were filed by the department of state; and
- each change effected thereby.”
If you operate a limited liability company in the state of New York, you need to designate a registered agent to receive important government document deliveries on your behalf. If you decide at any time that you would rather change your registered agent to a different individual or business entity, it’s important to know what that process looks like.
In New York, you can change an LLC’s registered agent by filing a Certificate of Change, or by amending the company’s articles of organization. They’re both simple documents with reasonable filing fees, but if you’d rather have a registered agent service handle this task for you, you certainly have that option.
We hope this article helped you improve your understanding of changing a registered agent in New York, and as always we thank you for choosing Registered Agent Ready!